HomeMy WebLinkAbout08/16/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 16, 1994
1. CALL TO ORDER: M/Werner called the meeting to
order at 7.04 p.m. in the AQMD Auditorium, 21865 E.
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the
Pledge of Allegiance by Mayor Werner.
ROLL CALL: Mayor Werner, Mayor Pro Tem
Harmony, Council Members Ansari, Papen and Miller.
Also present were Terrence L. Belanger, City Manager;
Frank Usher, Assistant City Manager; Michael Montgomery,
Interim City Attorney; George Wentz, Interim City
Engineer; James DeStefano, Community Development
Director; Bob Rose, Community Services Director and Lynda
Burgess, City Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS® CERTIFICATES -
2.1 WELCOME - STUDENTS FROM THE LION'S YOUTH EXCHANGE
PROGRAM - M/Werner presented exchange students
Arnaud Gilet, from Belgium and Bernhard Ullrich,
from Switzerland with a City Coffee Cup and Pin.
Both students thanked the City for their
hospitality.
3. PUBLIC COMMENTS: Dewey McFadden, 1342 Spruce Tree
Dr., representing Perimeter One Security Service, stated
that he felt his company could give better service for
crossing guards, since they reside in the area and would
hire the crossing guards that worked last year.
Dr. Larry Rhodes requested that the "Mission Statement"
be changed to "City Council Meeting Conduct.1°
Martha Bruske read an article written by Joseph Ascenzi
of the Tribune dated May 27, 1990 urging a ban on
Commercial Development.
Frank Dursa asked that Consent Calendar Item 6.13, a
Resolution to deny defense to City Council Members
relating to certain lawsuits alleging libel or slander be
removed for public discussion.
Mr. Garland, Vice -President, International Services,
thanked the City Council for allowing their company to
bid on crossing guard services.
4. COUNCIL COMMENTS: C/Papen asked Council to direct
staff to review and apply for an AB2766 Mobile Source
i.
Emissions Grant for a refueling station. The other
Council Members agreed.
C/Ansari suggested that the public write to their
legislators on the Mello Roos taxation in order to help
AUGUST 16, 1994
PAGE 2
fund the library. She thanked the MRF committee for
their efforts and announced that on Saturday, a 94Thank
You BBQ" will be held at 3435 Woodhill Circle, 3:00 to
6:00 P.m-
MPT/Harmony presented letters regarding audit control/
finances and a letter from China regarding 'Sister
Cities."
5. SCHEDULE OF FUTURE EVENTS:
5.1 CONCERT IN THE PARK - August 17, 1994 - 6:30-8:00
p.m., "SHOUT}° - 60-'s Classics - Sycamore Canyon
Park, 22930 Golden Springs Rd.
5.2 MRF COMMITTEE BAR-B-QUE - August 20, 1994 -
3:00-6:00 p.m., 3435 Woodhill Circle, D.B.
5.3 PLANNING COMMISSION - August 23, 1994 - 7:00 p.m.,
AQMD Auditorium, 21.865 E. Copley Dr.
5.4 PARKS & RECREATION COMMISSION - August 25, 1994 -
7:00 p.m., heritage Park Comm. Cntr., 2900 S. Brea
Canyon Rd.
5.5 PLANNING COMMISSION - August 29, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.6 LABOR DAY HOLIDAY - MONDAY, September 5, 1994 -
CITY OFFICES CLOSED.
5.7 CITY COUNCIL MEETING - September 6, 1994 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: MPT/Harmony requested that items
6.2, 6.5, 6.6, 6.9.1, 6.9.2, 6.9.3, 6.9.4 and 6.13 be
withdrawn for discussion.
It was moved by C/Papen, seconded by C/Miller to approve
the Consent Calendar with the exception of those items
withdrawn by MPT/Harmony. Motion carried unanimously by
the following Roll Call vote:
AYES: COUNCILMEMBERS -- Papen, Miller, Ansari,
MPT/Harmony, M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
6.1 APPROVAL OF MINUTES:
6.1.1 Regular Meeting of June 7, 1994 --
approved as submitted
6.1.2 Adjourned Regular Meeting of June 13,
1994 - approved as corrected.
6.1.3 Adjourned Regular Meeting of June 15,
1994 - approved as submitted.
6.3 NOTICES OF COMPLETION:
6.3.1 CONSTRUCTION/MODIFICATION OF HANDICAP
ACCESS RAMPS - Accepted work completed by
Perry Maness Industries, Inc., authorized
the City Clerk to file the Notice of
AUGUST 16, 1994 PAGE 3
Completion and release any retention
amounts.
6.3.2 GRAND AVENUE GUARDRAIL LANDSCAPE
IMPROVEMENTS - Accepted work completed by
Accurate Landscape & Maintenance Corp.,
directed the City Clerk to file the
Notice of completion and release any
retention amounts.
6.4 GRADING BOND RELEASES:
6.4.1 GRADING CASH BONDS POSTED FOR BURGER ]KING
AT 527 S. GRAND AVE. - Approved and
accepted work completed and release of
cash bonds in the amount of $2,700, Acct.
No. 23462-00048 and $9,300, Account No.
23467-00083.
6.4.2 GRADING CASH BOND POSTED FOR 2652 SHADOW
CANYON DR. IN "THE COUNTRY" - Declared
the obligations under the bond null and
void and release of grading cash bond No.
003A69254 in the amount of $4,140.
6.7 ADOPTED RESOLUTION NO. 94-37: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR
BOULEVARD RECONSTRUCTION/REHABILITATION PROJECT,
BETWEEN GRAND AVENUE TO BREA CANYON ROAD IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS.
6.8 ADOPTED RESOLUTION NO. 94-38: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR REPLACEMENT OF STREET
TREES.
6.10 ADOPTED RESOLUTION NO. 94-39: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR RESTRICTING
VEHICLE PARKING ON THE EAST SIDE OF BREA CANYON
ROAD NORTH OF LYCOMING STREET AND ON LYCOMING
STREET EAST OF BREA CANYON ROAD.
6.11 AWARDED CONTRACT FOR SLURRY SEAL - AREA 5 - to
California Pavement Maintenance Company, Inc with a
contract for Slurry Seal - Area 5 in the amount of
$156,933.68 with a contingency of $12,000.
6.12 AWARDED CONTRACT FOR CROSSING GUARD SERVICES FOR
SCHOOL YEAR 1994-95 - to All City Management
Services, Inc. in an amount not to exceed $65,000
(hourly rate of $9.25) for the 1994-95 school year.
AUGUST 16, 1994
PAGE 4
6.14 APPROVED PROFESSIONAL SERVICES AGREEMENT WITH
CHARLES ABBOTT ASSOCIATES, INC. FOR ENVIRONMENTAL
MANAGEMENT SERVICES IN FY 1994-95 -Charles Abbott
Associates, Inc. for Environmental Management
Services for FY 1.994-95 in an amount not to exceed
$19,900 for administration of the City's solid
waste permits and assist in coordination of AB 939
activities during FY 1994-95.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.2 VOUCHER REGISTER - MPT/Harmony asked if Macadee
Electrcal's traffic engineering signal invoice for
$47,150 had been authorized and approved and
CM/Belanger advised that it was signed off by the
Public Works Department and was a contract approved
by the City Council.
C/Papen moved, C/Ansari seconded to approve the
Voucher Register dated August 16, 1994 in the
amount of $286,735.46. With the following Roll
Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari,
Papen,
M/Werner
NOES: COUNCILMEMBERS - MPT/Harmony
ABSENT: COUNCILMEMBERS - None
6.5 .'TEMPORARY SERVICES FOR FINANCE - ACM/Usher
recommended that temporary clerical services in the
Finance Department be contracted with Accountants
Overload and Moreland & Associates, for a total
amount of $37,400.
MPT/Harmony asked if Moreland & Associates was the
same company that reviewed his memorandum and if
other companies had been called for proposals. He
also asked that it be entered into the record that
he had received a fax from another accounting firm
for a CPA/controller position with an hourly rate
of $34.65 - $61.90.
ACM/Usher advised that it was, in fact, the same
company that had reviewed MPT/Harmony's memorandum
and stressed that the City needs someone
experienced in handling purchase orders.
C/Ansari commented that $42.00/hour seemed
exorbitant for an accountant who is not a CPA.
M/Werner commented on the fax Mr. Harmony referred
to and asked why the company did not bid on all
services and if other companies came in at a lower
range.
AUGUST 16, 1994
PAGE 5
ACM/Usher advised that he did not know why their
quote did not include other services and advised
that he would ask Moreland & Associates if they
would lower their fee range.
CM/Belanger advised that
the position that handles
etc. and this would cause
also advised that the
$20,000 for this service.
the motion would affect
purchase orders, payroll,
a three-week backlog. He
City needs to authorize
C/Papen moved, seconded by MFT/Harmony to approve
the services of Accountants Overload in the amount
of $6,500 and reject the proposal of Moreland &
Associates in the amount of $15,200. With the
following Roll Cali vote, the motion carried:
AYES:
COUNCILMEMBERS
- Miller, Ansari,
Papen,
MPT/Harmony,
M/Werner
NOES:
COUNCILMEMBERS
- None
ABSENT:
COUNCILMEMBERS
- None
C/Papen
moved, MPT/Harmony seconded to adjust the
budget
not more than
$15,000 for accounting
services.
With the following
Roll Call vote,
motion
carried:
AYES:
COUNCILMEMBERS
- Miller, Papen,
Ansari, MPT/Harmony,
M/Werner
NOES:
COUNCILMEMBERS
- None
ABSENT:
COUNCILMEMBERS
- None
6.6 PURCHASE OF GENERAL OFFICE SUPPLIES FOR FY 1994-95
- CM/Belanger recommended that the City contract in
an amount not to exceed $15,000 with Eastman Office
Products for general office supplies.
MPT/Harmony expressed concern regarding open
purchase orders and stated that he would like to
see staff come back with a lower amount for the
open purchase order. He also stated that bids
should be gotten from several different stationary
companies and that Eastman Office Products should
give the City a government rate.
CM/Belanger advised that the open purchase order is
only for general office supplies and does not
include any office furniture or other large office
items. He further stated that the City's purchase
order ordinance is for items less than $1,000 and
is excluded from the informal bid process.
AUGUST 16, 1994
PAGE 6
C/Papen moved, C/Ansari seconded to approve an open
purchase order in the amount of $15,000 with
Eastman Office Products for general office supplies
for FY 1994-95. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari,
Papen, M/Werner
NOES* COUNCILMEMBERS - MPT/Harmony
ABSENT: COUNCILMEMBERS - None
6.9 CONTRACT EXTENSIONS:
6.9.1 LIGHTING & LANDSCAPE ASSESSMENT DISTRICT
NOS. 38, 39 AND 41 - ACM/Usher
recommended that the contract with
Accurate Landscape Maintenance for
District No. 38 in the amount of
$43,785.63 and District No. 39 in the
amount of $71,042.66 and one contract
with Landscape West, Inc. for Maintenance
District No. 41 in the amount of
$40,042.23 be approved and direct staff
to prepare new specifications for
maintenance of each district within the
next six months.
MPT/Harmony expressed concern about
renewing these contracts because of
increases in costs.
ACM/Usher advised that there is no CPI
increase for FY 1994-95 and that the
recommendation is at the same rates as
existed at the end of 1993--94.
CM/Belanger advised that the increases
are due to these districts requiring
additional development.
Terry Birrell commented on the Accurate
Landscape purchase order and additional
services in the approximate amount of
$4,000 that is not mentioned in the
contract.
CM/Belanger advised that additional
services fall into two categories --the
first category does not include
anticipated materials and products and
the second category is for fertilizer,
etc. and is part of the bid package. He
also advised that the old bid did not
have these incidentals included and that
these items are budgeted in the amount of
AUGUST 16, 1994
PAGE 7
approximately 24%.
C/Papen moved, C/Miller seconded to
approve the extension of two contracts to
Accurate Landscape for maintenance of
District No. 38 in the amount of
$43,785.63 and District No. 39 in the
amount of $71,042.66 and one contract to
Landscape West Inc. for Maintenance
District No. 41 in the amount of
$40,423.23. Further, authorize the Mayor
to sign Letters of Agreement and direct
staff to prepare new specifications for
maintenance of each district for bids
within the next six months and bring back
to Council for approval. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS
- Miller,
Ansari,
Papen,
M/Werner
NOES: COUNCILMEMBERS
- MPT/Harmony
ABSENT: COUNCILMEMBERS
- None
6.9.2 ACCURATE LANDSCAPE & MAINTENANCE CORP.
FOR MAINTENANCE OF 8
CITY PARKS -
CM/Belanger reported that
the amount paid
in FY 1993-94 is the same as for FY
1994-95 and recommended approval of
extension of the contract
for maintenance
of the City°s parks.
In response to MPT/Harmony, ACM/Usher
stated that the contract was approved by
Council on June 15, 1993 and CM/Belanger
advised that this was part of a bid
package and not negotiated.
M/Werner moved, C/Miller seconded to
approve extension of the contract with
Accurate Landscape & Maintenance for
maintenance of 8 City parks. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller,
Ansari,
Papen,
MPT/Harmony,
M/Werner
NOES: COUNCILMEMBERS -- None
ABSENT: COUNCILMEMBERS - None
6.9.3 WEED CONTROL/SIDEWALK AND PARKWAY
MAINTENANCE - CM/Belanger advised that
AUGUST 16, 1994 PAGE 8
this was for extension of a contract for
maintenance of weed control, sidewalk
and parkway maintenance. The amount of
$54,742.00 is the same as FY 1993-94.
MPT/Harmony asked how long the City has
contracted with Landscape West and how
staff determines how long the contract
will run.
CM/Belanger advised that the City had
used the L.A. County for vegetation
control, and found the experience to be
less than satisfactory. He also advised
that staff assessed the market and if
the contractor is not increasing the
agreed amount, staff will recommend an
extension of the contract for two more
years.
MPT/Harmony moved, C/Ansari seconded to
approve extension of the contract with
Landscape West for weed control/side-
walk/ parkway maintenance in the amount
of $54,742. With the following Roll
Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller,
Ansari,
Papen,
MPT/Harmonyâ–º
M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
6.9.4 GRAFFITI REMOVAL - CM/Belanger
recommended authorization to enter into
an agreement with Graffiti Control
Systems and the San Gabriel Valley Boys
Club for graffiti control in an amount
not to exceed $20,000.
CM/Belanger advised that staff would be
balancing the quality of service and how
the Graffiti Hot Line will be worked
through the Boys Club.
C/Ansari asked staff to look into the
purchase of the City's own equipment and
use of staff and the cost effectiveness.
MPT/Harmony moved, M/Werner seconded to
approve extension of the contract with
Graffiti Control Systems for graffiti
removal for FY 1994--95 in an amount not
AUGUST 16, 1994
PAGE 9
to exceed $20,000; authorize the Mayor to
sign the Letter of Agreement; and give
staff latitude to exact a higher
performance from the San Gabriel Valley
Boys Club for graffiti removal. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller,
Ansari, Papen,
MPT/Harmony,
M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
RECESS: M/Werner recessed the meeting at 8:50 p.m.
RECONVENE: M/Werner reconvened the meeting at 9:02 p.m.
MATTERS WITHDRAWN FROM CONSENT CALENDAR (CONT'D.) -
6.13 ADOPTED RESOLUTION NO. 94-40: A RESOLUTION OF THE
CI'T'Y COUNCIL OF THE CITY OF DIAMOND BAR DECLARING
ITS INTENTION TO DENY A DEFENSE TO CITY COUNCIL
MEMBERS RELATING TO CERTAIN LAWSUITS ALLEGING LIBEL
OR SLANDER - ACM/Usher advised that a declaration
made by the Council that activities not authorized
by Council are not to be considered within the
scope and duties of City Council members.
MPT/Harmony advised that the Resolution would
remove the California Public Official Shield Law
based on mere accusations. He expressed concern
that the Resolution would leave Council Members
without any protection and he was strongly opposed
it.
C/Ansari advised that she would like the Resolution
to be a little broader.
C/Papen stated that any Council Member acting as an
individual filing a lawsuit has never been paid by
a municipality. She further stated that the City
is responsible for providing defense for a Council
or staff member when acting in said capacity.
M/Werner advised that a private organization was
threatening lawsuit regarding MPT/Harmony's "City
Hall News . 9B
C/Ansari asked that a disclaimer be made on
MPT/Harmony's "City Hall" newsletter that states
that this is only one Council member's opinion and
requested that this item be scheduled for the next
meeting for public comments.
ICA/Montgomery advised that this item's wording was
AUGUST 16, 1994
7.
0
PAGE 10
changed and that a public hearing had already been
completed.
M/Werner advised that the vote on this item is
valid; however, it will be on the next agenda for
public discussion.
C/Papen moved, C/Miller seconded to adopt
Resolution No. 94-40 entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING
ITS INTENTION TO DENY A DEFENSE TO CITY COUNCIL
MEMBERS RELATING TO CERTAIN LAWSUITS ALLEGING LIBEL
OR SLANDER. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEMBERS - Miller, Papen,
M/Werner
NOES: COUNCILMEMBERS - MPT/Harmony
ABSENT: COUNCILMEMBERS - None
ABSTAIN: COUNCILMEMBERS - Ansari
PUBLIC HEARINGS: NONE
OLD BUSINESS:
8.1 DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE
TRACT MAP NO. 32400, CONDITIONAL USE PERMIT NO.
91-5 AND OAK TREE PERMIT NO. 91-2; THE SOUTH POINTE
MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO.
92-1 (APPLICANT: ARCIERO & SONS, INC.) - C/Miller
stated that he would be abstaining from voting on
this item for the same reasons previously stated.
ICA/Montgomery advised that public comments would
be out of order at this time since these issues are
being carried over to future meeting dates.
C/Papen moved, C/Ansari seconded to continue this
matter to September 20, 1994 as recommended by
staff. With the following Roll Call vote, motion
carried:
AYES:
COUNCILMEMBERS -
Ansari, Papen,
MPT/Harmony,
M/Werner
NOES:
COUNCILMEMBERS -
None
ABSENT:
COUNCILMEMBERS -
None
ABSTAIN:
COUNCILMEMBERS -
Miller
8.2 DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO.
92-8 AND OAK TREE PERMIT NO. 92-8, THE SOUTH POINTE
MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO.
92-1 (APPLICANT: RnP DEVELOPMENT, INC.) - C/Miller
AUGUST 16, 1994
PAGE 11
advised that he would be abstaining from discussion
of this item due to the same reasons previously
stated.
ICA/Montgomery advised that public comments would
be out of order at this time since these issues are
being carried over to future meeting dates.
C/Papen moved, C/Ansari seconded to continue this
matter to a future meeting as recommended by staff.
With the following Roll Call vote, motion carried:
AYES*
COUNCILMEMBERS -
Ansari, Papen,
MPT/Harmony,
M/Werner
NOES:
COUNCILMEMBERS -
None
ABSENT*
COUNCILMEMBERS -
None
ABSTAIN*
COUNCILMEMBERS -
Miller
8.3 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT
NO. 92-12 AND OAK TREE PERMIT NO. 92--9; THE SOUTH
POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT
NO. 92--1 (APPLICANT: SASAK CORP.) - C/Miller stated
that he would be abstaining on discussion of this
issue due to reasons previously stated.
ICA/Montgomery advised that pubic comments would be
out of order at this time since this issue is being
carried over to a future meeting date.
C/Papen moved, C/Ansari seconded to continue this
matter to September 6, 1994 as requested by staff.
With the following Roll Call vote, motion carried:
AYES. COUNCILMEMBERS - Ansari, Papen,
MPT/Harmony,
M/Werner
NOES. COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
ABSTAIN. COUNCILMEMBERS - Miller
8.4 PROPOSED L.A. COUNTY COMMUNITY FACILITIES DISTRICT
FOR LIBRARY SERVICES - CM/Belanger asked the
Council to consider participating in the Community
Facilities District at a tax rate of $28.00/year
per parcel for the financing of the Library
district. He advised that some districts have
placed this on the ballot and some have not taken
any action to participate.
Angela Hsu, 2438 Diamond Bar Blvd., volunteer for
the Library, stated that she supports this program
and feels that it is very important for the
children.
Gillian Ray, 1717 Tiffany P1.1 Children's
AUGUST 16, 1994
PAGE 12
Librarian, commented on her support for this
taxation and explained all the benefits that the
County libraries have. She advised that the
Council needs to make the decision and not place it
on the ballot.
Beverly Van Citters, 23933 Cougar Creek Rd., stated
that she supports the library; however, she
disagreed with the Mello -Roos taxation and the
money going to any other library besides the D.B.
library. She also stated that the City is keeping
the library open with the City's money. she asked
if the Mello -Roos money would include other public
facility districts such as fire, police, etc.; have
other districts been developed as a result of this
law; could the community's taxes be increased if
these districts are established; does Mello -Roos
have a successful track record generating income.
ICA/Montgomery advised that the County has done
this as a special district because there is a
procedure loophole in it. He also advised that
Mello -Roos has not been an overall success because
of the economy and that the Mello -Roos could be
just for this district only and not for other
services. He further advised that it would be a
county -wide district and the money would be
administered by the County.
Mike Garafalo, representing the L.A. County
Libraries, advised that large cities are
participating and other cities are placing this
issue on the ballot for a vote of the people and
that the Mello -Roos tax is strictly for the
libraries.
C/Papen asked what would prevent the State from
robbing the library district again to balance their
budget and if they are prohibited by law from
diverting the funds of a Mello -Roos district. She
also asked what the fee rate schedule would be for
the community.
Mr. Garafalo advised that if the Governor_ signs
1648, it would prevent the taking of any further
property tax and Mello -Roos money could not be
taken from the County and would go to the property
owners in the City that provided it. He also
advised that the fee rate schedule would be the
single-family dwelling of $28.50 (including
condominiums); multiple family residential
apartments of $21.38 per unit; mobile homes at
$14.24 per unit; non-residential property would be
established on a formula; business would be
calculated on 7 units per acre and a formula would
AUGUST 16, 1994 PAGE 13
be used for that kind of business.
ICA/Montgomery asked if the County has considered
facilitating individual Mello -Roos elections in the
various cities to eliminate the suspicion that the
money will not remain in the city.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd.,
stated that she supports the library however, she
does not support Mello -Roos taxation and felt that
this matter should be placed on the ballot.
Max Maxwell stated that he does not support
Mello -Roos and wants to see the City stay away from
the County. He further stated that he encourages
the City to do something within the City.
`rank Dursa expressed his non-support of the
Mello -Roos District.
C/Ansari advised that the League of Cities has
called for a special meeting regarding the library
district and that the City will have three
representatives at that meeting.
Tom Van Winkle agreed with previous speakers and
asked if the schools have libraries. He commented
on City -on -Line and asked how much educational
information was available and if non -computer users
could also get the same information from the City.
Angela Hsu stated that knowledge is power and for
$28, people are going to short-change the children
of this community.
M/Werner advised that the County asked that this
item be approved or acted upon by each of the
cities and the L.A. County Board of Supervisors is
acting on it on behalf of the rest of the
unincorporated parts of the County.
MPT/Harmony commented on the $166,000 given to the
library by the City and asked what level of funding
and what assurances the City would have that the
library could be open the two extra days if the
district isn't formed.
CM/Belanger advised that the money granted to the
library relates to the $43 million budget increase,
as the County budget goes down, our money will
subsidize the library.
C/Ansari expressed support for a library district
and an initiative placed on the ballot for citizens
to vote on, but was against Mello -Roos because it
AUGUST 16, 1994
PAGE 14
is controlled by the County.
M/Werner stated that he did not think that a
Mello -Roos assessment was a good solution. He
advised that he wants to see the City review all
the options before taxing the
community.
C/Papen expressed concern about the Council
speaking on the County's library system. She
advised that this library is in a District and
administered by the County Board of Supervisors.
She challenged the Council to consider putting this
item on the ballot.
C/Miller advised that, by law, money collected
through the Mello -Roos by the County would be
distributed to every other District and the City
would get very little back.
M/Werner moved, C/Ansari seconded to deny
participation in the proposed Library Community
Facilities District by the County of Los Angeles.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari,
Papen,
MPT/Harmony,
M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
Sob ADOPTED RESOLUTION NO. 94-41: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A
SPEED ZONE STUDY JUSTIFYING SPEED LIMITS ON CERTAIN
CITY STREETS - MPT/Harmony moved, C/Miller seconded
to adopt Resolution No. 94-41. With the following
Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Miller, Ansari,
Papen, MPT/Harmony,
M/Werner
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - None
8.5 DISCUSSION RE: "POCKET PARK" AT WESTERLY TERMINUS
OF SUNSET CROSSING - Regarding the proposed
Industry Materials Recovery Facility, CM/Belanger
advised that the City's response, the City's
consultant's response, the City Attorney's response
and citizens' responses have all been transmitted
to the City of Industry.
CDD/DeStefano presented a map showing what a
"Pocket Park" would look like at the terminus of
AUGUST 16, 1994 PAGE 15
Sunset Crossing.
C/Papen stated that vacating Sunset Crossing had to
wait until the General Plan was completed.
CM/Belanger advised that this matter was not for
approval, but to direct staff to make sure that
this matter is discussed at length during the
General Plan process at the Planning Commission
level.
C/Ansari agreed with C/Papen in making sure that
this whole issue is legal.
C/Papen expressed concern regarding the outcome of
the parking area if the park goes in. Staff needs
to discuss the matter with the YMCA Board of
Directors.
MPT/Harmony agreed with C/Papen and asked to see
numbers as to how much a park would cost the City.
Max Maxwell stated that this area has always been,
and should remain, a cul-de-sac and not a through
street.
Dr. Larry Rhodes asked who owns and controls the
street. He advised that he does not want to see
this as a through street.
C/Miller advised that the City owns and controls
the street.
8.7 DISCUSSION RE: ESTABLISHMENT OF MUNICIPAL CAMPAIGN
EXPENDITURE LIMITS - CM/Belanger advised that
discussion of this matter was requested by C/Ansari
to look into the possibility of establishing
campaign expenditure limits within the City. He
reported that Government Code Section 81413
provides for General Law cities to establish more
stringent disclosures in contribution laws than are
found in the Political Reform Act that established
these sections.
M/Werner asked how this would be enforced.
CM/Belanger advised that the City would enforce it.
C/Ansari stated that, during last year's campaign,
expenditures escalated to an exorbitant amount and
that she would like to see some type of controls
limiting campaign expenditures.
C/Papen asked C/Ansari how much of the candidate's
own money could be used and stated that possibly, a
AUGUST 16, 1994 PAGE 16
policy may be drafted for the candidates' receipt
of moneys
M/Werner asked what other cities have donee
CM/Belanger advised that staff would provide
information on what the limits currently are and
indicate what other cities have done since the
Political Reform Act.
C/Papen asked that the staff report be mailed to
all COmmissionS, previous candidates and the
Chamber of Commerce for their comments.
C/Ansari asked about Political Action Committees
and what other cities do with them.
9. NEW BUSINESS:
9.1 CITY ATTORNEY REQUEST FOR DIRECTION ON AMICUS
CURIAE BRIEF - ICA/Montgomery stated that the City
should file an Amicus Curiae Brief advising that
the Council's position would be that the City is
not liable for acts of employees not obviously
acting within their scope of responsibility.
M/Werner asked if there was any cost to the City.
ICA/Montgomery advised that there was no costo
With consensus of the Council, ICA/Montgomery was
directed to prepare the Amicus Curiae brief.
8. OLD BUSINESS (CONT'D.)
8.10 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE
ASSIGNMENTS - C/Papen stated that she would like to
see the balance of committee assignments more equal
and asked that the current assignments be revised.
In response to M/Werner, CM/Belanger advised that
besides the Finance Committee, not many meetings
have occurred.
M/Werner agreed to go through the subcommittee list
with the City Manager and report back with a
recommendation.
8.11 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING
NAMES OF COUNCIL MEMBERS - MPT/Harmony suggested
that Council Members do not need to have their
names placed on construction signs.
Max Maxwell agreed with MPT/Harmony.
AUGUST 16, 1994 PAGE 17
MPT/Harmony moved, C/Ansari seconded to prohibit
the names of City council members on public works
project signs. With the following Roll Call vote,
motion failed:
AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - Miller, M/Werner
ABSTAIN: COUNCIL MEMBERS - Papen
8.8 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING
TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER
ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL
MEETINGS - Continued to September 6, 1994.
8.9 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A
QUORUM - Continued to September 6, 1994.
10. ANNOUNCEMENTS: NONE
11. CLOSED SESSION: NONE
12. ADJOURNMENT: With no further business to
conduct, M/Werner adjourned the meeting at 11:03 p.m.
LYNDA BURGESS, City Clerk